THE DOWRY PROHIBITION ACT, 1961

(Act No. 28 of 1961)

(20th May, 1961)

An Act to prohibit the giving or taking of dowry

Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows:

1. Short title, extent and commencement.­(1) This Act may be called the Dowry
Prohibition Act, 1961.

It extends to the whole of India except the State of
Jammu and Kashmir.

It shall come into force on such date as the Central
Government  may,  by  notification  in  the  official
Gazette, appoint.

2.  Definition  of  `dowry’.­In  this  act,  `dowry’  means  any  property  or  valuable
security given or agreed to be given either directly or indirectly­

(a) by one party to a marriage
to the other party to the
marriage; or

(b) by the parents of either
party to a marriage or by any
other person, to either party to
the marriage or to any other
person;

at or before or any time after the marriage in connection with the marriage of said
parties  but  does  not  include  dower  or  mahr  in  the  case  of  persons  to  whom  the
Muslim Personal Law (Shariat) applies.

***

Explanation II.­The expression `valuable security’ has the same meaning as in
Sec. 30 of the Indian Penal Code (45 of 1860).

3. Penalty for giving or taking dowry.­(1) If any person, after the
commencement of this Act, gives or takes or abets the giving or taking of dowry,
he shall be punishable with imprisonment for a term which shall not be less than
five years, and with the fine which shall not be less than fifteen thousand rupees
or the amount of the value of such dowry, whichever is more:

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Provided that the Court may, for adequate and special reasons to be recorded in
the judgment, impose a sentence of imprisonment for a term of less than five
years.

* * * Explanation I omitted by Sec.2 w.e.f 2nd October, 1985

(2)Nothing in sub­section (1) shall apply to or, in relation to,­

presents  which  are  given  at  the  time  of  a  marriage
to  the  bride  (without  nay  demand  having  been
made in that behalf):

Provided that such presents are entered in list maintained  in
accordance with rule made under this Act;

presents which are given at the time of marriage to
the  bridegroom  (without  any  demand  having  been
made in that behalf):

Provided that such presents are entered in a list maintained
in accordance with rules made under this Act;

Provided further that where such presents are made by or on
behalf  of  the  bride  or  any  person  related  to  the  bride,  such
presents  are  of  a  customary  nature  and  the  value  thereof  is
not  excessive  having  regard  to  the  financial  status  of  the
person by whom, or on whose behalf, such presents are given.

4. Penalty for demanding dowry.­  If  any  person  demands  directly  or  indirectly,
from  the  parents  or  other  relatives  or  guardian  of  a  bride  or  bridegroom  as  the
case  may  be,  any  dowry,  he  shall  be  punishable  with  imprisonment  for  a  term
which shall not be less than six months but which may extend to two years and
with fine which may extend to ten thousand rupees:

Provided that the Court may, for adequate and special reasons to be mentioned in
the  judgment,  impose  a  sentence  of  imprisonment  for  a  term  of  less  than  six
months.

4­A. Ban on advertisement.­ If any person­

(a)  offers,  through  any  advertisement  in  any  newspaper,  periodical,  journal  or
through any other media any share in his property or of any money or both as a
share  in  any  business  or  other  interest  as  consideration  for  the  marriage  of  his
son or daughter or any other relative,

(b) prints or publishes or circulates any advertisement referred to Cl. (a), he shall
be  punishable  with  imprisonment  for  a  term  which  shall  not  be  less  than  six
months,  but  which  may  extend  to  five  years  ,  or  with  fine  which  may  extend  to
fifteen thousand rupees:

Provided that the Court may, for adequate and special reasons to be recorded in

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the judgment, impose a sentence of imprisonment for a term of less than six
months.

5. Agreement for giving or taking dowry to be void.­ Any agreement for the
giving or taking of dowry shall be void.

6.  Dowry  to  be  for  the  benefit  of  the  wife  or  heirs.­  (1)  Where  any  dowry  is
received by any person other than the woman in connection with whose marriage
it is given, that person shall transfer it to the woman –

(a) if the dowry was received before marriage, within three months after
the date of marriage; or

(b) if the dowry was received at the time of or after the marriage within
three months after the date of its receipt; or

(c) if the dowry was received when the woman was a minor, within three
months  after  she  has  attained  the  age  of  eighteen  years,  and  pending
such transfer, shall hold it in trust for the benefit of the woman.

(2)  If  any  person  fails  to  transfer  any  property  as  required  by  sub­
section (1) within the time limit specified therefor or as required by sub­
section(3),  he  shall  be  punishable  with  imprisonment  for  a  term  which
shall  not  be  less  than  six  months,  but  which  may  extend  two  years  or
with fine which shall not be less than five thousand rupees, but which
may extend to ten thousand rupees or with both.

(3) Where the woman entitled to any property under sub­section (1) dies
before  receiving  it,  the  heirs  of  the  woman  shall  be  entitled  to  claim  it
from the person holding it for the time being:

Provided  that  where  such  woman  dies  within  seven  years  of  her
marriage, otherwise than due to natural causes, such property shall­

if 
she 
children, 
transferred 
parents, or

has 

no
be
to  her

if  she  has  children,
be 
to
transferred 
such  children  and
such
pending 
transfer,  be  held  in
trust 
such
for 
children.

(3­A)  Where  a  person  convicted  under  sub­section  (2)  for  failure  to  transfer  any
property  as  required  by  sub­section  (1)or  sub­section  (3)  has  not,  before  his
conviction  under  that  sub­section,  transferred  such  property  to  the  women
entitled thereto or, as the case may  be,  her  heirs,  parents  or  children,  the  Court

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shall, in addition to awarding punishment under that sub­section, direct, by order
in writing, that such person shall transfer the property to such woman, or as the
case may be, her heirs, parents or children within such period as may be specified
in  the  order,  and  if  such  person  fails  to  comply  with  the  direction  within  the
period so specified, an amount equal to the value of the property may be recovered
from him as if it were a fine imposed by such Court and paid to such woman, as
the case may be, her heirs, parents or children.

(4)Nothing contained in this section shall affect provisions of Sec. 3 or Sec. 4.

7. Cognisance of offences.­ (1) Notwithstanding anything  contained  in  the  Code
of Criminal Procedure, 1973 (2of 1974),­

no  Court 
inferior  to  that  of  a  Metropolitan
magistrate or a Judicial Magistrate of the first class
shall try any offence under this Act;

no Court shall take cognizance of an offence under
this Act except upon –

(i) its own knowledge or a police report of the facts
which constitute such offence, or

(ii)  a  complaint  by  the  person  aggrieved  by  offence
or  a  parent  or  other  relative  of  such  person,  or  by
any recognized welfare institution or organization:

it shall be lawful for a Metropolitan Magistrate or a
Judicial  Magistrate  of  the  first  class  to  pass  any
sentence  authorized  by  this  Act  on  any  person
convicted of any offence under this Act.

Explanation.­ For the purposes of this sub­section, "recognised  welfare
institution  or  organization"  means  a  social  welfare  institution  or
organization  recognized  in  this  behalf  by  the  Central  or  State
Government.

(2) Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973
(2of 1974), shall apply to any offence punishable under this Act.)

Notwithstanding  anything  contained  in  any  law  for
the  time  being  in  force,  a  statement  made  by  the
person  aggrieved  by  the  offence  shall  not  subject
such person to a prosecution under this Act.

8.  Offences  to  be  congnizable  for  certain  purposes  and  to  be
bailable and non­compoundable.­ (1) The Code of Criminal Procedure,

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1973 (2 of 1974) shall apply to offences under this Act as of they were
cognizable offences­

(a)  for  the  purpose  of  investigation  of
such offences; and

(b) for the purpose of matters other than­

(i)  matters
referred  to
in  Sec.  42
of 
that
Code, and

the
of

(ii) 
arrest 
person
without  a
warrant  or
without  an
order  of  a
Magistrate.

(2) Every offence under this Act shall be non­bailable and non­compoundable.

8­A.  Burden  of  proof  in  certain  cases.­  Where  any  person  is  prosecuted  for
taking  or  abetting  the  taking  of  any  dowry  under  Sec.  3,  or  the  demanding  of
dowry  under  Sec.4,  the  burden  of  proving  that  he  had  not  committed  an  offence
under those sections shall be on him.

8­B. Dowry Prohibition Officers.­(1) The State Government may appoint as many
Dowry Prohibition Officers as it thinks fit and specify the areas in respect of which
they shall exercise their jurisdiction and powers under this Act.

(2) Every Dowry Prohibition Officer shall exercise and perform the following powers
and functions, namely, ­

(a) to see that the provisions of this Act are complied with;

(b)  to  prevent,  as  far  as  possible,  the  taking  or  abetting  the
taking of, of the demanding of, dowry;

(c)  to  collect  such  evidence  as  may  be  necessary  for  the
prosecution  of  persons  committing  offences  under  the  Act;
and

(d)  to  perform  such  additional  functions  as  may  be  assigned
to him by the State Government, or as may be specified in the
rules made under this Act.

(3) The State Government may, by notification in the official Gazette, confer such

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powers  of  a  police  officer  as  may  be  specified  in  the  notification,  the  Dowry
Prohibition Officer who shall exercise such powers subject to such limitations and
conditions as may be specified by rules made under this Act.

(4)  The  State  Government  may,  for  the  purpose  of  advising  and  assisting  the
Dowry  Prohibition  Officers  in  the  efficient  performance  of  their  functions  under
this Act, appoint an advisory board consisting of not more than five social welfare
workers  (out  of  whom  at  least  two  shall  be  women)  from  the  area  in  respect  of
which such Dowry Prohibition Officer exercises jurisdiction under sub­section (1).

9. Power to make rules.­ (1) The Central Government may, by notification in the
official Gazettee, make rules for carrying out the purposes of this Act.

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,
such rules may provide for­

(a) the form and manner in which, and the persons by whom, any list of presents
referred  to  in  sub­section  (2)  of  Sec.  3  shall  be  maintained  and  all  other  matters
connected therewith; and

(b) the better co­ordination of policy and action with respect to the administration
of this Act.

(3)Every rules made under this section shall be laid as soon as may be after it is
made  before  each  House  of  Parliament  while  it  is  in  session  for  a  total  period  of
thirty days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the session
or  the  successive  sessions  aforesaid  both  Houses  agree  in  making  any
modification  in  the  rule  or  both  Houses  agree  that  the  rule  should  not  be  made,
the rule shall thereafter have effect only in such modified form or be; of no effect,
as the  case may  be,  so,  however, that  any  such  modification  or  annulment  shall
be without prejudice to the validity of anything previously done under that rule.

10.  Power  of  the  State  Government  to  make  rules.­  The  State  Government
may,  by  notification  in  the  official  Gazette,  make  rules  for  carrying  out  the
purposes of this Act.

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,
such rules may provide for all or any of the following matters, namely:

(a)  the  additional  functions  to  be  performed  by  the  Dowry  Prohibition  Officers
under sub­section(2) of Sec. 8­B;

(b)  limitations  and  conditions  subject  to  which  a  Dowry  Prohibition  Officer  may
exercise his functions under sub­section (3) of Sec. 8­B.

(3)  Every  rule  made  by  the  State  Government  under  this  section  shall  be  laid  as
soon as may be after it is made before the State Legislature.

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THE DOWRY PROHIBITION (MAINTENANCE OF LISTS OF PRESENTS TO THE
BRIDE AND BRIDEGROOM) RULES, 1985

G.S.R. 664 (E), dated 19th August, 1985.­ In exercise of the powers conferred by
Sec.9 of the Dowry Prohibition Act, 1961 (28 of 1961), the Central Government
hereby makes the following rules, namely:

1.  Short  title  and  commencement.­(1)  These  rules  may  be  called  the  Dowry
Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules,
1985.

(2)  They  shall  come  into  force  on  the  2nd  day  of  October,  1985,  being  the  date
appointed  for  the  coming  into  force  of  the  Dowry  Prohibition  (Amendment)  Act,
1984 (63 of 1984).

2. Rules in accordance with which lists of presents are to be maintained.­(1)
The list of presents which are given at the time of the marriage to the bride shall
be maintained by the bride.

(2)  The  list  of  present  which  are  given  at  the  time  of  the  marriage  to  the
bridegroom shall be maintained by the bridegroom.

Every list of presents referred to in sub­rule (1) or
sub­rule (2),­

(a) shall be prepared at the time of the marriage  or
as soon as possible after the marriage:

(b) shall be in writing;

(c) shall contain,­

(i) a brief description of each present;

(ii) the approximate value of the present;

(iii)the  name  of  the  person  who  has  given  the
present; and

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(iv)where the person giving the present is related to
the  bride  or  bridegroom,  a  description  of  such
relationship;

(d) shall be signed by both the bride and the bridegroom.

Explanation.  1.­  Where  the  bride  is  unable  to  sign,  she  may  affix  her  thumb
impression  in  lieu  of  her  signature  after  having  the  list  read  out  to  her  and
obtaining  the  signature  on  the  list,  of  the  person  who  has  so  read  out  the
particulars contained in the list.

Explanation 2.­ Where the bridegroom is unable to sign  he  may  affix  his  thumb­
impression  in  lieu  of  his  signature  after  having  the  list  read  out  to  him  and
obtaining  the  signature  on  the  list  of  the  person  who  has  so  read  out  the
particulars contained in the list.

(4)  The  bride  or  the  bridegroom  may,  if  she  or  he  so  desires,  obtain  on  either  or
both  of  the  lists  referred  to  in  sub­rule  (1)  or  sub­rule  (2)  the  signature  or
signatures of any relations of the bride or the bridegroom or of any other person or
persons present at the time of the marriage.

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